ex10-3.htm


    
      

    


    EXHIBIT
10.3

    Labor
Contract

    


    According
to Labor Law of the
People’s Republic of China as well
as national and provincial regulations on labor management, Yixin Copper Co.,
Ltd (hereinafter referred to as Party A) wants  (hereinafter
referred to as Party B) to be an employee of said company, and on the principle
of equality and freewill, the two parties have made and entered into this
Contract with specified rights and obligations of each party.

     

       
I. Contract Term

     

    This
Contract shall be valid for one year, from the ____day of ___ of____
to___day of____of___. When term of this Contract expires, the two Parties may
negotiate on issues of contract renewal, leave or resignation etc.

     

       II. Tasks

     

    According
to physical conditions of Party B and practical situations of the company, Party
B will serve as a handyman to take care of copper selection, screening of copper
ash, stacking and sorting in workshops, helping in the kitchen and cleaning
works etc.

     

      III. Work Hours

     

    Party B
works, in principle, eight hours a day; in the workshop, works will be assigned
to a day shift and a night shift; in the kitchen, there will be a morning shift,
a lunch shift and a night shift; works may be assigned casually according
to practical needs of phased works. If the work hours are to be extended, a
proper consideration shall be awarded by the company.

     

       IV. Rest and
Holidays

     

    Party A
should promise Party B two days of rest each week and overtime
compensation should be paid for overtime works. During the contract period,
Party B should have statutory holidays and public holidays etc.,as stipulated by
the central government and as applied to other permanent
employees.

     

      V. Labor Remuneration

     

      A. Upon executing the
Labor Contract, Party B becomes an employee of Party A, and Party A will assign
relevant works to Party B. There will be probationary period of 2 months. When
recognized as qualified after the probationary period, Party B will be paid
at least CNY 520 and no more than CNY 3,588 each month. Party B is supposed to
work as a handyman for 22 days in lesser months and 23 days (February excluded)
in odd months; the remuneration shall be CNY 520 per month, to be awarded
according to practical attendance.


    
      
         


      

      
         


        
          

        

      

      
         


      

    

     

     

      VI. Insurance and
Welfare

     

      According to the Labor Law of the People’s Republic of China, as well
as relevant national laws and regulations, and with reference to practical
situations of the company, Party A will take care of: endowment insurance
for Party B (excluding those previously covered) in an amount of 28% of the
wage, 20% of which will be paid by the company and the rest 8% shall be paid by
individuals; the unemployment insurance in an amount of 3% of the wage, 2% of
which will be paid by the company and the rest 1% shall be paid by individuals;
the medical insurance in an amount of 8%  of annual remuneration,
6% of which will be paid by the company and the rest 2% shall be paid by
individuals; the employment injury insurance, all of which shall be assumed by
the company. Any amount to be paid by individuals shall be deducted from
employee wages by the finance department of the company.

     

      VII. Labor
Protection

     

    Party A
should practically ensure Party B’s security and health during works by
following relevant national labor protection regulations. Where Party A or his
management staff disregards Party B’ safety and health, Party B may
criticize Party A and  reveal the case to higher
authorities.

     

      VIII.
Laws, Systems and Examination

     

           
Party B should strictly obey various national laws and regulations, as
well as various management systems and disciplines of Party A, and should
submit to Party A’s management and education. Party A has the right to examine,
urge, evaluate, reward or punish Party B’s works and performance of
relevant regulations.

     

      IX.
Termination, Cancellation and Change of Labor Contract

     

    A. After
the probationary period, Party A should carefully evaluate Party B’s
performance; if Party B is to be officially accepted, wages will be paid
accordingly; if Party B shall be unqualified in Party A’s opinion, Party B can
be dismissed following relevant procedures;

    Party A
may cancel the Labor Contract when any of the following happens:

            
l.  Party B is found falling short of acceptance conditions during the
probationary period;

             2. Party
B is found in serious breach of labor disciplines or regulations of the
employer;


    
      
         


      

      
         


        
          

        

      

      
         


      

    
  

          
 3. Party B seriously neglects his duty, practices favoritism and
commits irregularities, and has caused serious losses to the
employer;

          
 4. Criminal liabilities are ascertained on Party B;

          
 5. Party B has children against the family planning policy during
performance of the Labor Contract;

          
 6. Party B is considered as unqualified for assigned works and is still
considered incompetent after training or change of post;

          
 7. Performance of this Contract becomes impossible due to significant
changes in practical circumstances based on which the Labor Contract is signed,
and the two parties fail to agree over change of this Labor Contract through
negotiations;

          
 8. Party B is sick or suffers injury other than employment injuries
and cannot retrieve previous works after the treatment period expires nor
assume works otherwise arranged by Party A;

          
 9. Other situations based on which this Labor Contract can be cancelled
according to national and provincial regulations.

    B. Party
B main cancel the Labor Contract when any of the following happens:

         
  1. Party B considers it unsuitable to work at Party A’s premises
during the contract period;

         
  2. Party A fails to pay labor remuneration as specified in the
Labor Contract;

    3. Party
A fails to fulfill relevant obligations under the Labor Contract,
seriously violates labor laws and regulations and infringes on Party B’s
legal interest.

    C. Party
A cannot cancel the Labor Contract when any of the following
happens:

          
 1. Conditions under which Party A can cancel the Labor Contact or other
conditions as agreed between the two parties for cancellation of the Labor
Contract are not verified during the contract period;

           
2. Party B contracts occupational diseases or suffers employment injuries,
and is authenticated and verified by relevant labor
appraisal committee as incapacitated to a great extent;

         
  3. Party B is sick or suffers injury other than employment
injuries and is still hospitalized for medical treatment during the prescribed
medical treatment period or when the said period expires;

           
4. When female employees are in gestational period, maternity period or suckling
period as specified by national family planning policies;

           
5. Party B is on legal holidays with approval;

           
6. Other situations based on which this Labor Contract cannot be cancelled
according to national and provincial regulations.

    D. This
Contract can be cancelled when both parties agree through negotiations, and
the cancellation should be confirmed in writing.

    E. Party
A provides lodging facilities and foods in a non-gratuitous
way.


    
      
         


      

      
         


        
          

        

      

      
         


      

    


    F. When
this Contract is terminated or cancelled, Party B should return all articles,
tools and technical materials etc that are used and kept free of charge by
Party B during performance of this Contract to Party A, and compensation is
required if any of said things to be returned is lost.

     

       X. Liabilities for Breach of
Contract

     

    A. Any
party in breach of this Contract should assume relevant liabilities; if the
other party is caused to suffer direct economic losses,
compensations should be properly made according to consequences or
degree of responsibilities.

    B. If
Party B is to be trained on expenses of Party A, a training contract should be
entered into and attached to this Labor Contract; if one party fails to perform
the training contract without reasons, losses caused therefrom to the other
party should be compensated.

    C. If
this Contract is cancelled due to Party A’s breach of F of Article IX or Party
B’s breach of Article IX, losses caused to the other party should be compensated
accordingly.

     

      XI. Settlement of Labor Disputes and
Others

     

    Disputes
arising from performance of this Contract should be settled through
negotiations; where negotiations shall fail, an application for mediation can be
made to Party A’s labor dispute mediation board within 15 days after such
disputes occur, or the disputes can be referred to the labor dispute arbitration
committee with jurisdiction over Party A’s premises within 60 days after
such disputes occur.

    If
clauses of this Contract are found falling short of relevant laws, regulations
and rules issued by national or provincial authorities, said laws, regulations
and rules should prevail.

    This
Contract shall be signed in duplicate, one copy for each party, and shall be
considered void if altered or signed without
legal authorization.

     

    
 

     

     

         
Party A
(seal):                                                Party B
(signature):

     

     

          Representative
(signature):                               
 ID number:

     

     

          Date:                                       
Date:

     

     

    
      	
              055722/00001
      BFLODOCS 2377365v1